Could a Louisiana state senator also work part time as a deputy clerk of court?

Plain-English summary

Senator Yvonne Dorsey-Colomb asked whether she could serve as a deputy clerk of court while holding her Senate seat. Her proposed deputy-clerk schedule was less than seven hours a day and less than 35 hours a week. In January 2016, the Attorney General concluded that the dual officeholding law did not prohibit the part-time appointive post alongside a state Senate office.

The AG classified the Senate seat as a part-time elective state office and the deputy-clerk post as a part-time appointive office of a separate political subdivision. It said the relevant statutory prohibition reached a state elected office held with a full-time appointive office or employment in a political subdivision, but the proposed deputy-clerk post was part time. The opinion expressly left ethics-code questions to the State Board of Ethics.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the opinion approve a full-time deputy-clerk position for a senator?

No. Its answer depended on the post being part time under the schedule described in the request. The AG said a full-time appointive office in a political subdivision fell under the cited prohibition.

Why was deputy clerk treated as an appointive office?

The opinion said state law established the post and the elected clerk of court appointed deputies.

Did the AG decide whether the arrangement complied with ethics law?

No. It confined the opinion to dual officeholding law and said ethics-code advisory rulings belonged to the Louisiana State Board of Ethics.

Background and statutory framework

The AG first classified both positions under the dual officeholding definitions. It then applied the provision governing a state elected official's simultaneous service in another public position. The hours supplied in the request were central to the part-time classification.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/16-0002

Original opinion text

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DEPARTMENT OF JUSTICE
P.O. BOX 9400S
BATON ROUGE

JAMES D. 1J8UDDY" CALDWEll
70804-9005
ATTORNEY GENERAL

January 8,2016
OPINION 16-0002

Senator Yvonne Dorsey-Colomb
78 Dual Officeholding

District 14
La. R.S. 42:61 et seq.
1520 Thomas H. Delpit Drive
The provisions of the Dual Officeholding and Dual Employment Law
Suite 226
do not prohibit a State Senator from holding the part lime appointive
Baton Rouge, LA 70802
office of Deputy Clerk of Court.

Dear Senator Dorsey-Colomb:

Our office received your request for an opinion regarding whether you, as State Senator for District 14, may hold the part time position of Deputy Clerk of Court (Deputy Clerk).

The provisions of the Dual Officeholding and Employment Law, found at La. R.S. 42:61 et seq., govern questions concerning the ability to hold two or more public offices and/or positions simultaneously. Classifying the correct nature of the positions held is essential for the purposes of applying the Dual Officeholding provisions.

The legislative branch of state government includes members of the Senate.' The position of State Senate is classified as a "part time" "elective office" for the purposes of the Dual Officeholding Laws.?

The Clerk of Court is an elected official, who is authorized to appoint deputies as necessary." The position of Deputy Clerk is specifically established by the laws of the state and filled by appointment by the Clerk of Court. You have indicated that normal

1 The legislative branch of state government includes the members of the Senate and the House of Representatives, the officers, agents, and employees of the legislature of either house or of a committee of either house thereof, the legislative auditor, legislative fiscal officer, or any other agency created by law which is primarily legislative in nature, and any other legislative officer, office, or instrumentality of the state. La R.S. 42:62(7). a "Part time" means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full time. La. R.S. 42:62(5). "Elective office" means any position which is established or authorized by the constitution or laws of this state or ·by the charter or ordinances of any political subdivision thereof, which is not a political party office, and which is filled by vote of the citizens for this state or of a political subdivision thereof. La. R.S. 42:62(1).
3
La. Const. art. V, § 28 and La. C.C.P. Art. 255.

Page 2

OPINION 16-0002
Senator Dorsey-Colomb
Page 2

working hours for the position of Deputy Clerk will be less than seven hours per day of work and less than thirty-five hours per week of work. The position of Deputy Clerk is classified as a "part time" "appointive office" for purposes of the Dual Officeholding Laws."

The Clerk of Court is considered a political subdivision of the state for the purposes of the Dual Officeholding Laws."

The most applicable provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63(C), which provides in pertinent part:

No person holding an elective office in the government of the state shall at the same time hold another elective office, a full-time appointive office, or employment in the government of this state or in the government of a political subdivision thereof.

La. R.S. 42:63(C) prohibits the simultaneously holding of an elected office in the government of the state and a full time appointive office in the government of a political subdivision. Our office has consistently opined that a state legislator is prohibited by the Dual Officeholding provisions from holding a full time appointive office in a political subdivision of the state." However, since the position of Deputy Clerk is a part time appointive office, the prohibition of La. R.S. 42:63(C) is not applicable.

Based on the applicable provisions of law, our prior opinions and the information you provided, it is the opinion of this office that a State Senator is not prohibited by the Dual Officeholding provisions from holding the part time appointive office of Deputy Clerk of Court.

Please note that our expressed opinion is limited to an examination of the state law relating to Dual Officeholding. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42: 1111 et seq. Advisory rulings addressing questions under the Ethics Code are within the jurisdiction of the Louisiana State Board of Ethics. The Board may be contacted at the following address: P.O. Box 4368, Baton Rouge, LA 70821, phone: 225-219-5600.

4 "Appointive office" means any office in any branch of government or other position on an agency board, or commission, or any executive office of any agency. board, commission or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment of election by an elected or appointed public official or by a governmental body composed of such officials of this state or of a political subdivision thereof. La. R.S. 42:62(2). 5 "Politicai subdivision" means a parish, municipality, and any other unit of local government, including a school board and a speciai district, authorized by law to perform governmental functions. In addition for the purposes of this Part, mayor's courts, justice of peace courts, district attorneys, sheriffs, clerks of court. coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions. La. R.S. 42:62(9). 6 La. Ally. Gen. Op. Nos. 08-0331,01-0448, and 99-0335.

Page 3

OPINION 16-0002
Senator Dorsey-Colomb
Page3

We hope that this opinion adequately addresses the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

By:l!l~ l'~~2-
'Madeline S. Carbonette
Assistant Attorney General

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